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Questions Answered by Bruce Martin Broyles
1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I am a seller contract Lease to Purchase. Doesn't the buyers monthly payments go to the mortgage payment?

Buyer thinks that her monthly payments only go towards the principle balance. She stated that she should have credit towards all the payments she's made. All the payments she made go to the mortgage.The lawyers have seen the paperwork and the mortgage payments and that's whats on the contract as a... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 14, 2020

Buyer has assumed that there is a default provision that the payments go towards the principle balance of the mortgage. Seller has indicated that the monthly payments go towards the mortgage payments. The language of the contract will determine the issue. The monthly payment being equal to the... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: Can a friend sue you for labor costs for agreeing to install lighting in your home with no written contract?
Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

Your friend seems to be treating the installation of lighting as an arm's length contract for services. It was your understanding that he was simply helping you as a friend, or providing you with his services gratuitously. If there was no discussion of the terms, then there was no meeting of the... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer fee" must be returned.... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?

A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restarts every month and therefore we need to go before the board every month to get this "new" lease approved. Is he a$$ backwards like he seems?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 22, 2020

My understanding of a month to month lease is that it automatically renews as between the Landlord and the tenant. It does not cancel and restart. It sounds as though the Condo Association is simply trying to make it difficult for you to rent the condo.

However, I agree with Attorney...
Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Can condo board remove money from capital account and use it to pay self for unnecessary contract work?

Over 8,000 pdf to condo vice president for doing contract work for several major projects not discussed with condo owners ast.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 19, 2020

The condo association operates the same as any other corporation. There should be bylaws and minutes setting forth what can be done and how it is to be done. There may also be an issue with self dealing

2 Answers | Asked in Contracts for Ohio on
Q: I signed a contract with a roofer and paid half upfront, he told me he was 2-4 weeks out 12 weeks ago,

Nothing in writing on the 2-4 weeks out. Can I legally cancel our contract and ask for my money back. He hasnt been returning my calls and has also given me several start dates the didn't happen. Or does this contract go on forever?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 17, 2020

If the contract did not provide for a start or completion date, then you may have to determine whether the delay has been reasonable. Were there delays caused by weather? The period of time involved is approaching unreasonable. In addition, depending upon the circumstances, the roofer may have... Read more »

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1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: Is selling a house in OH without a legal right of access legal in OH? Wouldn't that be a breach of warranty claim?

I cannot find what claim, if any, I might have for being sold a property via General Warranty Deed, that ended up not having a legal right of access. What, if any warranties would this be a breach of? The Deed did not expressly provide that the property would be conveyed without access.

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

In a conveyance of real estate, or any interest therein, the words "general warranty covenants" have the full force, meaning, and effect of the following words: "The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted... Read more »

2 Answers | Asked in Contracts and Construction Law for Ohio on
Q: When is a fence contrator responsible for underground damages?

Fence contractor dug through my outside sewer line. Contract states they are not liable for unknown obsticles such as sewer lines. My question lies in do they carry any liablity in that they never informed us of the damage and moreover actually placed the fence post and concrete footing into the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jan 14, 2020

The exculpatory clause in the contract must clearly and expressly relieve the fence company from damages for its own negligence. Most likely the clause is not enforceable. In addition, the act of placing the post and pouring concrete may go beyond negligence; may be gross negligence, willful,... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My father and 2 brothers owned a building where they worked together their whole lives. Two died and other sold to keep

all proceeds of the sale, leaving the children of the other 2 families "out in the cold."

The building sold for almost $215,000. I believe all 3 brothers had a verbal (not a written) agreement to

equally divide the funds once the building was sold. I consulted with a real estate... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 17, 2019

If your father and his brothers worked together in the building, then I must assume that they operated a business. If they operated a business, then they most likely had a partnership. You do not need to have a written agreement to create a partnership.

If you are able to locate any of...
Read more »

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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Construction Law for Ohio on
Q: We built a home almost 3 yrs ago and the leach field failed within months. It took the builder 2 1/2 yrs to fix can I ??

They still haven't taken care of warranty work they promised to do as recent as 2 months ago up till this last conversation and now that I said we were done with the games he now has sent me a bill for money that was owed at one time but he waived as good will gesture because of how long it took to... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 16, 2019

Cannot imagine that the work taking 2 1/2 years did not breach at least a portion of the contract. Was it properly permitted and installed by a licensed installer? The emails may establish a waiver. Have you been able to stay in the house? I would imagine that an occupancy permit was not issued.

3 Answers | Asked in Real Estate Law for Ohio on
Q: Our bylaws indicate the association has the first right to purchase our unit if we decide to sell...can this be enforced
Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 9, 2019

Rights of first refusal are enforceable in Ohio. The important portion of the right of first refusal from your perspective is whether the price is somehow fixed in the agreement. Otherwise, you would simply find an interested purchaser and enter into a contract contingent upon the HOA not... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: land is divide by six siblings one recently passed away and step godson refuse entry into the home
Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 15, 2019

The siblings are co-tenants and each co-tenant has a right to possess the entire property but may not exclude any of the other co-tenants. If one or more co-tenants are using property to the exclusion of others charges for the maintenance and waste can be brought. All are responsible for the... Read more »

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2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: Mothers lease is up end of January, and has been in a nursing home due to not being able to live by herself.

Need to break lease asap. Would this be considered a legal reason?

Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 8, 2019

While not a legal reason, the landlord may allow your mother to terminate the lease early. In addition, especially if the Landlord does not have a high number of rental units, you should remind your landlord that he has an obligation to mitigate his damages by finding another tenant to take over... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: is an addendum to original agreement neccessary if closing date is moved a couple days

does the addendum start the 30 day window for the buyer to cancel if i sign it?

Bruce Martin Broyles
Bruce Martin Broyles answered on Nov 4, 2019

Depending on how the language of the contract is written. You may not need an addendum. I must assume that you the seller have the right to cancel if sale does not close by a specific date. Or you could simply agree that closing date will be extended to a date certain, with all other dates and... Read more »

3 Answers | Asked in Contracts for Ohio on
Q: Do I have to pay a restitution fee to a General Contractor who was dropped after a month of negotiating his bid?

Over the past month, I have been in the process of purchasing a house using a Loan company that insisted on using a General Contractor. After negotiating his bids (several rewrites), I finally got him down to somewhat reasonable pricing for the jobs that needed to be done (required by loan... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 31, 2019

There was no contract requiring that you pay him for his time. He did not suggest that he should be compensated for his time during the negotiations. He can file a lawsuit, but he should not be able to prevail.

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2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client also... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 14, 2019

The absence of an executed contract will make it more difficult to collect the full value of the contract but it, by itself, does not render the contract unenforceable. I must assume that you were unaware of the items that were taken before the sale began. Taking items would constitute a material... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I'm having a new house being built by Schumacher. the driveway & sidewalk cracked a few days. they want fix it.

I haven't taken possession of my house or even had my first walk through. we have not even made our last payment. I live next door so i watched all of this and informed them. They said they are not going to fix it. Are they responsible to give us what we paid for. we did not pay for a cracked... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Oct 6, 2019

Some cracking in the driveway and sidewalks occur, but it seems odd that it would occur so soon in your concrete. If you still have funds left to pay, I would have the driveway and sidewalk inspected before making any further payment. Make sure you use a reputable expert in concrete issues, not... Read more »

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord has left a car on my property after repeatedly saying hed move it (in writing). Can i take ownership of it?

Ive live in my house for over 10 months now. Since moving in i have asked my landlord repeatedly and he has agreed repeatedly, to remove his daughters car from my property and he has not. He is now complaining about us not weed-eating around the car, which we decided not to do, the last time we... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 24, 2019

No. You can write a letter; make a copy of it; send it by certified mail or hand deliver it. The letter should state that the issue with the car, give your landlord 30 days to move the car, and if the car is not moved you will begin to escrow your rent. In thirty days, take a copy of the letter... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: can HOA ban a fence unless you have an in-ground pool if there are many houses with fences and no pool

HOA is banning putting up a fence for our backyard claiming that you can only do so if you have an inground pool. Yet there are many houses in the sub-division that do not have in-ground pools but do have fences. In addition, they updated their bylaws online hours after talking to me.

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 11, 2019

A Home Owners Association is governed by Ohio Revised Code Chapter 5312. The Association should have a declaration and by-laws; have regular meetings and elections. The Association must also have guidelines for the use of fences. The guidelines have to be detailed enough as to not be enforced in... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I was presented with an offer on my property, I countered and the buyers realtor is not relaying anything to my realtor

or her clients. How long can an offer be valid?

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 29, 2019

I believe your counter offer effectively rejected the original offer. Your counteroffer remains open until the deadline you set passes, or you withdraw your counteroffer.

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